Documentation

© Cornelia Suhan In Search of Justice

What does justice mean for women and girls who have experienced sexualised violence in violent conflicts?

International Workshop 7-11 September 2008 Bad Honnef, Germany This report is dedicated to the memory of Rhonda Copelon, who passed away on

May 6, 2010. Rhonda was a key participant in the Workshop, sharing with us her

vast legal experience in fighting for women’s rights. Her commitment inspired us and

women worldwide.

Imprint:

Editor: medica mondiale e.V. Hülchrather Straße 4 D-50670 Köln Phone +49-(0)221-931898-0 Fax +49-(221)-931898-1 [email protected] www.medicamondiale.org

Workshop organisers: The workshop took place in cooperation with the UN Gabi Mischkowski, Malin Bode, Bonnie Keller Office for Human Rights (OHCRC) and was co-funded Assistent: Jessica Mosbahi by the Institute for Foreign Cultural Relations (zivik Proj- ect). Edited by: Rita Schäfer, Gabi Mischkowski, Bonnie Keller, Malin Bode

Photos: Cornelia Suhan

Design and Layout: bleydesign, Ute Bley

Responsible according to the press law: We would like to thank the Sigrid Rausing Trust for fi- Monika Hauser nancially supporting the preparatory phase 2006/2007. Cologne 2010 Table of Contents

Table of Contents

1. Introduction ...... 4

2. About medica mondiale ...... 7

3. Workshop Programme ...... 9

4. Introduction: Malin Bode ...... 10

5. Introduction: Bonnie Keller ...... 13

6. Reports from the working groups ...... 14 4 6.1. Working group 1: Traditional Law ...... 14 6.2. Working group 2: National Law ...... 16 6.3. Working group 3: International Criminal Law ...... 19 6.4. Working group 4: Other conflict resolution mechanisms ...... 22

7. Alternative Justice Initiatives ...... 26

7.1. International Women’s Tribunal in Tokyo, 2000 ...... 26 7.2. The Umoja Uaso Women’s Village and Umoja Uaso Women’s Group in Kenya ...... 27 7.3. Collective Initiative for Justice, India ...... 28

8. Closing statement and summary of recommendations ...... 30 8.1. Closing statement ...... 30 8.2. List of demands ...... 30

Appendix:

Contact Groups – four internationally networked teams ...... 32 Participants ...... 33 Organisation and Co-operation ...... 34 Annex Photos ...... 35

3 1. Introduction

1. Introduction

From September 7th – 11th 2008, the international work- achieved are rarely put into practice. In addition, numerous shop “In search of justice – what does justice mean for women do not have access to traditional institutions; fur- women and girls who have experienced sexualised violence thermore, their conflict resolution mechanisms are often in violent conflicts?” took place in the German town of Bad anti-women and humiliating. Honnef. This workshop organised by medica mondiale concentrated Truth and reconciliation commissions as well as compen- on the question of how women and girls that have survived sation programmes are often out of reach for women and sexualised violence in armed conflicts can seek justice. girls that have become victims of sexualised violence. In More than 50 women from Africa, Asia, Latin America and many cases, they completely ignore sexualised war crimes Europe attended the meeting, most of them coming from and thus prevent women surviving sexualised violence from post-war countries. experiencing justice.

While peace researchers and political planners often un- Background conditionally praise transitional justice as being a means to secure peace, female legal experts and peace activists Women and girls have long been the target of attacks dur- criticise that – despite distinct progress in the perception of ing wars, in particular in the form of sexualised violence. sexualised violence – those tools in their current form and Until recently, this injustice had gone unpunished. But then, design are far from establishing peace, justice, truth or rec- Bosnian and Croatian women set an example: in front of a onciliation for female survivors. live camera, they reported on the excessive extent of rapes that took place during the war in former Yugoslavia from Both the existential demands for practical support, e.g. 1992 – 1995. This triggered a wave of anger which finally through health services or physical help, and the problem resulted in the establishment of the International Criminal of ongoing violence and legal discrimination against women Tribunal for the former Yugoslavia. in post-war situations have gone unconsidered so far.

Violence, in particular sexualised violence, has become an Legal reforms and transitional justice every-day experience for the vast majority of females living on our planet. For them, sexualised violence exists before, Ever since, sexualised war violence has been made subject during and after wars. However, after wars, armed conflicts, to criminal prosecution at least at an international level and pogroms or terror regimes, the general level of violence in has become an integral part of the canon of criminal acts everyday life is usually much higher than before and women of international law. This has been reinforced by UN Secu- and girls are particularly affected. Also, the modern form of rity Council Resolutions such as Resolution 1325 on slavery, i.e. trafficking human beings for the purpose of women, peace and security adopted at the end of October forced labour and prostitution, is mainly aimed at women 2000 or Resolution 1820 on the criminal prosecution of and girls. sexualised war violence adopted in mid-2008.

However, there is also a lot of criticism. Feminist lawyers Objective of the workshop often complain about the tribunals’ lack of expertise when it comes to issues related to sexualised violence. Female After almost fifteen years of experience with international witnesses report on disrespectful behaviour exhibited by tribunals, truth and reconciliation commissions and na- tribunal members. Local activists that facilitate access to tional legal reforms, this workshop aimed at taking stock potential female witnesses for the courts are at the mercy of the history of punishment of sexualised violence: of repressive measures and acts of revenge. The question What progress has been made and needs to be preserved remains as to whether international tribunals with their for- by all means? What remains unconsidered, what measures mal limitations can give affected women a feeling of justice have completely failed from the viewpoint of women who and whether they can fulfil their interest in a safe and se- have survived sexualised violence? What prevents women cure future. from seeking justice? Are there any alternative approaches, and if so, which? What role do local and traditional conflict In many countries, national legal reforms have a merely lim- resolution mechanisms play? What perceptions of justice ited range. Especially in countries that have a rudimentar- do women in different war and crisis regions have with re- ily functioning and corrupt judiciary, legal reforms tediously gard to their specific contexts?

4 1. Introduction

Apart from taking stock of transitional justice and existing other participants they came as women interested in dis- conflict resolution mechanisms and a critical stock-taking cussions and not – as with other international conferences from a feminist perspective, the workshop particularly fo- – as keynote speakers. cused on the presentation and discussion of innovative jus- tice initiatives launched by women at local and interna- The entire workshop was designed as an innovative dia- tional levels. This included local boards of female arbitra- logue forum with structured working groups and individual, tors in India and a self-administered women’s village in open discussion units. The conceptual and organisational Kenya as well as the Women’s International Tribunal on arrangement of those units was the result of an intensive Japanese Military Sexual Slavery implemented in Tokyo in planning process that started before 2007. The workshop 2000. Those justice initiatives were presented by the ac- organisers brought in selected activists and legal experts tivists themselves. For the first time, such initiatives were from different countries to participate in the planning discussed in relation to the individual justice perceptions process. All those involved in the process have been work- of women. ing in the field of international, national and traditional law for many years. The key goal of this international conference that was or- ganised as a dialogue forum was to create a platform and a space to open access to one’s own justice concepts as Taking stock well as to ideas and viewpoints of women. It was about ap- plying one’s own viewpoint as a yardstick for dealing with in- A total of four working groups that were composed of ternational and national law and transitional justice mech- lawyers and activists and/or NGO representatives took anisms. stock of official legal instruments and conflict resolution mechanisms: working group 1 dealt with traditional law, Comparing the different approaches in a balanced way in working group 2 concentrated on national law, working the context of an interlinking discussion where participants group 3 discussed international criminal law and working exchanged their experiences, positions and perspectives group 4 focused on other conflict resolution mechanisms averted a hierarchisation of the different levels as well as of such as truth and reconciliation commissions. On the first participants. two days, all four working groups – following a few guiding questions – elaborated on women and their realities in ex- isting legal regimens. The moderators came from different Innovative dialogue forum countries and were asked to foster intercultural dialogue and be tolerant with regard to terminology. This equality was reflected in the entire workshop concept and the composition of participants. International, national This was followed by a differentiated criticism from the per- and local activists who have assumed the role of a media- spective of the various participants, also in their focus tor between women affected and the transitional justice in- groups. Results were shared and discussed in the plenary. stitutions were invited. Some of the local activists have sur- The third day saw the presentation and discussion of inno- vived both wars and sexualised violence. On top of that, vative and alternative justice initiatives of women. Discus- there were national and international legal experts who, for sions took place in an alternating fashion between plenary many years, have been working on justice issues from a and small, spontaneously arranged working groups. On the feminist perspective and/or within transitional justice in- last day, conclusions were drawn and steps were debated stitutions. to continue the dialogue and the implementation of results.

All participants were considered to be experts, irrespective of whether they worked for a grassroots organisation or the Respect and well-being United Nations. The organisers were specifically interested in fostering communication at personal level and facilitating Tolerance and difference, mutual respect and well-being the exchange of experiences of local activists, representa- were also among of the mottos of the day. This included, tives of national institutions and members of international for instance, the raising of thematic awareness of the in- organisations. Consequently, the former women rights and terpreters. The conference languages were German and gender expert in the Office of the High Commissioner for English. However there were also interpreters for Spanish Human Rights as well as the then governing Special Rap- and French. This laid the foundation for women from Eu- porteur of the UN Secretary-General on Violence against rope, Africa, Asia and Latin America to express themselves Women participated in this unique international dialogue in their own languages and communicate with others de- between women from war and post-war regions. Like all spite their varying linguistic backgrounds. One challenge

5 1. Introduction

for the interpreters was, for example, the fact that the Ger- The conference venue was the idyllic Villa Schaaffhausen in man term “Gerechtigkeit” describes an ethical concept that the German town of Bad Honnef. In contrast to character- denotes a desirable ideal. The English term “justice”, in less conference hotels, quiet zones and discussion rooms turn, encompasses law, jurisdiction and justice concepts. plus a big park with numerous opportunities to move and The interpreters were included in reflections on those im- relax were available. Participants had the possibility to portant notions and concepts in good time. At a prepara- meet for informal talks in a yurt; another tent hosted the tory meeting they received a glossary as well as topic-re- feminist travelling exhibition “Justitia is a woman”. lated background materials to prepare themselves. http://www.justitiaausstellung.de/. One room at the con- vention location was reserved for presenting projects. Here, Every participant was personally welcomed and their well- representatives of national and local organisations were being guaranteed. The organisers considered this a top pri- able to present their materials, show films or exhibit and ority with regard to the difficult topic. Apart from that, they sell products of their projects. thought that this diverse and personal helpfulness was a token of respect. As a consequence, all participants who arrived from abroad were personally picked up at and taken Workshop location Germany back to the airport. An expert on dreams specifically hired for the meeting assumed the task of acting in an integrative Germany as a workshop location seems to be far away from way. On top of that, she was a contact in case of minor current wars. However, the fact that appearances are de- health problems but also of mental strains that occurred ceptive is underpinned both by the war in former Yugoslavia because of the deeply moving workshop topic. Two female and Germany’s increasing role in the military response to masseurs were constantly booked out during workshop conflicts. As the organisers emphasised at the beginning breaks. of the workshop, it is also German history that urges com- mitment when it comes to coming to terms with acts of vi- Some participants offered targeted relaxation and motion olence and atrocities in post-war societies and to make an exercises that pursued different subjects e.g. creating trust effort for more just post-war settlements. Transitional law and setting limits. Many activists took those easily com- after the Second World War in Germany and Europe also prehensible exercises home as an inspiration for their own disregarded rapes during the war, including both rapes work. This attentiveness vis-à-vis the needs of participants committed by German soldiers in raided and occupied Eu- resulted from the longstanding experiences of the work- ropean countries and rapes in Germany committed by shop planners, in particular in the field of psycho-social and members of the Allied Forces. medical support of women during wars and in post-war so- cieties through medica mondiale.

6 2. About medica mondiale

2. About medica mondiale

December 1992: The Yugoslavian state is falling apart and areas on the basis of the concept worked out by medica there is war just three hours flying time from Cologne, Ger- mondiale. An important element of this is to recognise many. Monika Hauser, an Italian gynaecologist living in Ger- one’s own traumatisation and strain and to learn how to many, learns from the media about the great extent of sex- deal with this. Helpers also need help to self-help them- ualised violence which afflicts primarily Muslim women. Not selves. only is she horrified, but she also does something. Sponta- neously she decides to go to Zenica, Central Bosnia. Ten Our work also aims at contributing to justice being done for thousand refugees, mostly women and children, have women who have survived sexualised violence in armed sought refuge there. Together with Bosnian specialist conflict. The violent acts must be acknowledged by society women, she works out a concept for the support of raped as crimes without “ifs” and “buts” and the perpetrators women. In this way the Bosnian women’s organisation and must be punished. The former victims must receive every the women’s therapy centre Medica Zenica is born in April support to gain back agency and to claim satisfaction, repa- 1993 in the turmoil of war. Meanwhile Gabriela Mis- ration and compensation. The procedures in criminal law, chkowski organises a small group of women in Cologne for truth commissions and other conflict regulation mecha- logistic, financial and political support from Germany. To- nisms must be gender-specific. gether with Monika Hauser they found the organisation medica mondiale in June 1993. There is still a long way ahead to make a women-rights ori- ented society possible in the future. That is why medica This is how it began. After the end of the war in Bosnia- mondiale will continue to be committed to the removal of Herzegovina, projects were started in Albania (1999), social taboos from women who have been raped and to un- Kosovo (1999) and Afghanistan (2002) and in Liberia reserved solidarity with affected women. (2006) which all follow their own country-specific ap- proaches. medica mondiale also financially supports local women’s groups in their work against sexualised war vio- Why we have organised this workshop lence in Cambodia, the Democratic Republic of Congo, in East Timor, Indonesia, Iraq, Israel, Mexico, Nepal, Sierra For more than 15 years, medica mondiale has focused on Leone, South Africa, Turkey and Uganda. sexualised war violence. However, our attitude towards the criminal prosecution of sexualised war violence has been From the beginning, we are pursuing a dual strategy. On the ambivalent from the very outset. On the one hand, we have one hand medica mondiale offers concrete individual help vehemently demanded that an end be put to the impunity – gynaecological, medical, psychological, social, economic of sexualised violence. On the other hand, we have been and legal – for women and girls in war- and in crisis-areas concerned that the experience and the will of women and irrespective of their political, ethnic and religious affiliation. girls would again be disregarded during criminal prosecu- At the same time our goal is to strengthen their self-healing tion and that they would be left alone with the emotional, powers and to support them, in solidarity, to consciously mental and physical risk of them giving testimony. Like nu- determine their life anew. On the other hand, medica mon- merous other activists from many countries, we have con- diale works politically, engaging itself locally, nationally and sequently committed ourselves to demanding and estab- internationally for the achievement of women’s rights as lishing procedural rules that do justice to the specific na- human rights and develops campaigns to combat the ture of sexualised violent crimes and consider not only the stigma of rape and the social exclusion of women who have traumatic but also the social implications this type of vio- survived sexualised violence. lence has for affected women and girls.

We have laid down our fundamental self-understanding in Our ambivalence has remained. Due to the great commit- a Charter. It includes ensuring the long-term control of proj- ment of international female lawyers, more and more rape ects in the hands of local women as well as providing train- charges are being brought to international courts even ing and qualifications in handling women-specific war though this often occurs rather hesitantly or even in the trauma. That is why not only colleagues in the medica mon- face of inner-court resistance. Today, sexualised violence diale projects are trained in trauma work, psychosocial ad- has been enshrined in international law as a severe crime. vising and trauma-sensitive treatment. Colleagues in pub- This was emphatically underlined by UN Security Council lic health institutions, psychosocial advice centres or local Resolutions 1820 (in 2008) and 1888 (in 2009). However, and international organisations are also trained in these our concerns have been confirmed, too: in practice, wit-

7 2. About medica mondiale

nesses have been humiliated again at international courts, sign? Could we redefine our approach and assessment of pressured into testifying through fake promises, and transitional justice by taking a different perspective? Are treated without respect by court employees, with their sto- there any alternative or parallel instruments of justice that ries being published against their will and their security not better correspond to women’s living realities and that we guaranteed. can pull out of the transitional justice shadow into light?

So we need to ask ourselves: how high a commitment do Those considerations made us develop the idea of this we have to show in order to redesign the tools of transi- workshop. We wanted to find out how other women who at- tional justice – criminal law, truth commissions, reparation tach an equally great importance to this matter would as- programmes – sustainably and in a gender-equitable way? sess those aspects, what experience they have gained and When and where will these tools give affected women and what proposals they would make. In doing so, we intended girls a real sense of justice? Is it enough to pursue a policy to include as many different perspectives as possible in of fixing and repairing over and over again, i.e. to incorpo- order to avoid bias, to respect differences, to learn from rate women’s views into transitional justice only afterwards, each other and to move forward together. so that women do not exert any influence on its basic de-

8 3. Programme

3. Programme

Sunday, 07.09.2008 – Thursday, 11.09.2008

Sunday, 7 September Wednesday, 10 September Local, regional and international women’s justice 15:00 Registration initiatives 18:00 Welcome 19:00 Dinner 07:30 - 09:00 Breakfast, Bodywork & Moving Exercises 20:00 Introduction of participants 09:00 - 10:45 Plenary 20:30 Conjuring & Magic Film & Discussion: Women’s tribunal against military enslavement by Japan during World War 2, Tokyo 2000 Monday, 8 September Film & Discussion: Umoja Uaso Women’s Stocktaking of formal justice instruments Group & Women’s Village, Kenya and practices 10:45 - 11:00 Coffee Break 11:00 - 13:00 Plenary continues 07:30 - 09:00 Breakfast, Bodywork & Moving Exercises Film & Discussion: Shortcut to Justice 09:00 - 10:15 Plenary (Collective Justice Initiative), Gujarat, Introduction to the Workshop India; Reports on other initiatives Organisational issues 13:00 - 14:30 Lunch & Relaxation Form working groups 14:30 - 16:00 Discussion in free working groups 10:30 - 13:00 Discussion in four working groups 16:00 - 16:30 Coffee break (includes coffee break) 16:30 - 18:30 First findings and evaluation (Plenary) 13:00 - 14:30 Lunch & Relaxation 18:30 - 19:30 Free time 14:30 - 16:00 Working groups continue 19:30 Barbeque & Party 16:00 - 16:30 Coffee break 16:30 - 18:00 Plenary: Working groups present their findings Thursday, 11 September 18:00 - 19:00 Free time Conclusions and future prospects 19:00 - 20:00 Dinner Ab 20:15 Socialise at the ongoing Project Fair 07:30 - 09:30 Breakfast, Bodywork & Moving Exercises 09:30 - 13:00 Plenary 13:00 Lunch Tuesday, 9 September 15:00 Departure Critique of formal justice instruments from women’s perspectives

07:30 - 09:00 Breakfast, Bodywork & Moving Exercises 09:00 - 12:30 Discussion in working groups (includes coffee break) 12:30 - 14:00 Lunch & Relaxation 14:00 - 16:00 Plenary: Working groups present their findings 16:15 Excursion: Departure for Dragon’s Rock (Drachenfels). Opportunity to go for a walk or shopping in Königswinter 19:45 Return to Villa Schaaffhausen 20:15 Dinner

9 4. Introduction Malin Bode

4. Introduction Malin Bode

Background to the conference much the same as those that have always been experi- enced by women in the past. My name is Malin Bode and I’d like to take the opportunity this morning to welcome you once again to this conference. We know that in spite of this huge steps have been taken The idea of organising a conference such as this, which in transition societies in order to respect the integrity of Gabi Mischkowski and I mulled over for a long time, has women. Rapes of women have been simply ignored too now come to fruition and I am absolutely delighted that it often and for long enough. It was considered not worth has! making a fuss about and in the worst cases as normal male behaviour, especially in times of war. I’d like to begin by introducing myself briefly. I am part of a group of feminist lawyers in Germany where I am both a However, the past has unfortunately also shown often practising lawyer and also involved in discussions in vari- enough for women that the transition to a new form of so- ous contexts on feminist legal issues, primarily those aris- ciety or state following a period of war or crisis does not ing from actual cases. I have been working with other fem- necessarily improve the situation of women in relation to inist lawyers for 25 years publishing the feminist legal mag- their respective situation prior to the war or crisis, but may azine STREIT, and for 30 years I have represented women make it even worse. in employment and social security law cases as a practising lawyer and also women in rape proceedings. To the extent to which it is usual to speak of transitional jus- tice in international contexts and when doing so to select a Several meetings were held a number of years ago shortly vague abstract concept of justice, which may, or perhaps after the Yugoslavia Tribunal was set up where Gabi Mis- even should, create the impression that the achievement of chkowski and I were pleased to learn about the successes justice in transitional societies is being talked about, it is in connection with the tribunal, but were also left wonder- important to look more closely and consider the view that ing whether the witnesses at this tribunal had gained any women have of these proceedings in transitional societies, personal satisfaction once the court proceedings were over in which their own fate is decided. and whether the tribunal really was the right way for women who have been forced to endure sexual violence in conflict Are the interests of women considered in the context of and crisis situations. transitional justice?

The main concern for us remains as before to defend and Experiences of transitional justice generally vary across the indeed campaign that women who have been forced to en- world and most of you are very familiar with these. dure sexual violence both in war and peacetime experience greater justice. My childhood was affected by the fact that my family were angry and bitter that formerly active national socialists re- medica mondiale has invited women to this conference, turned to good political and economic positions in post-war who are currently involved in the issue of justice for women Germany whereas those persecuted by the Nazi regime or who have been exposed to sexual violence during or after were segregated rather than rehabilitated. People often conflict or crisis situations. railed against the justice system saying that many Nazi war criminals were not called to account, but their victims were Justice is a word that is used lightly in many contexts and in forced to fight for recognition or a negligible pension. As a most cases means no more than that criminal proceedings young girl I read a book on these issues by one brave aca- (shaping official justice in the respective society) are demic, Professor Ilse Staff, one of only three female law brought against a perpetrator of sexual violence or the lat- professors in Germany at the time, and decided then that I ter is brought before another conflict resolution body, such wanted to pursue a career as a lawyer. as a truth and reconciliation commission. Nevertheless, transitional justice became part of the mod- Women are demanding that justice is not just something ern world to all intents and purposes with the Nuremberg that is talked about, but also that justice is something they trials conducted by the allied victors of the Second World also want to experience for themselves. However, at best, War against the prominent leaders of Nazi Germany. Con- most women actually experience legal proceedings that are certed efforts were made at the outset on all possible lev- ultimately extremely patriarchal in terms of their format and els to deal with the crimes committed by the Nazi dictator-

10 4. Introduction Malin Bode

ship. Panels of impartial citizens set up by the victorious al- handed down by the international war criminal tribunals for lies attempted for a short time to prosecute the crimes com- the former Yugoslavia and Rwanda. However, the position of mitted including among the mainstream population. How- women as witnesses appearing before the international ever, public interest in prosecuting the leaders of the Nazi courts is humanely difficult following their experiences, and regime waned with the advent of the amnesty legislation at in many cases protection and support are completely inad- the beginning of the 1950s. Although a few major trials equate. took place subsequently, the Auschwitz trial in the early 1960s in Frankfurt for example, which only happened as a Also at the level of national criminal prosecution, sexual vi- result of persistent pressure from tenacious Jewish senior olence against women and girls has found its way into sev- public prosecutor, Fritz Bauer, against resistance from the eral pieces of national criminal legislation. In practice, there legal system, it wasn’t until the 1990s that rapes of women are only a few proceedings, and none in which women feel during the war and in the post-war period, which were as if they are taken seriously. prevalent among all sides involved, came into the public awareness. Legal reactions to this remain an absolute ex- After a long struggle, the proceedings held by truth and rec- ception to the present day. onciliation commissions, which have been set up in a large number of countries undergoing transition following peri- ods of war and crisis, now also include sexual violence as Nature of the conference a crime in their deliberations and proceedings. As far we are aware this has only actually played a really significant I return to the subject of our conference. role in a few proceedings and women are rarely generally encouraged when appearing before these commissions to It will be different from the usual conference format. We talk in detail about their experiences. want to interpret the title of the conference literally (and when I say “we“ I mean the whole preparatory group) as “In Sexual violence in times of war and crisis is also picked out Search of Justice“, and during the days we will spend to- as a central theme in the context of traditional conflict res- gether try to move one step closer to this. olution mechanisms and attempts at resolution are being made there. However, the women affected also feel that Consequently, we won’t be listening to a handful of prepared lec- these are rarely satisfactory. tures meaning that we have hardly any time for discussion. We have invited you all as experts. Each of you, who has Furthermore, in these traditional conflict resolution mech- travelled a long way to be here, could give an excellent lec- anisms and also in proceedings instituted by the truth and ture as experts in your respective field and we are there- reconciliation commissions, sexual violence against women fore hoping that you will contribute to a lively debate. is often seen (only) in conjunction with the apportioning of blame for the respective conflict to a specific ethnic group Since there are a lot of us here we will spend the first two or segment of the population. days discussing in working groups thereby ensuring that there is enough time for everyone to talk and it will be eas- In all forms of conflict resolution, whether at a local, na- ier to understand each other if we get to know each other tional or international level, the same questions remain for even better and spend time together. women: Do women actually have access to these institu- tions? Are their interests considered there and is their dig- We thought long and hard about how to divide up the work- nity preserved in the course of such proceedings? ing groups and wanted to make sure that there was an eclectic mix of participants in each group. Hence, we ar- We will tackle these questions together. rived at those arrangements, which you are aware of, as you have already indicated your group preferences. I would like to ask you, or rather we would like to ask you, that when discussing these issues, also in consideration of A lively debate is taking place worldwide claiming that sex- the translation that will always be required here, you please ual violence against women and girls in war and crisis areas bear in mind that other delegates may use terms that are and also in post-war periods and following acute crises different from the ones you choose to use for political rea- should not go unpunished. A lengthy and painful interna- sons. We need some tolerance there with regard to termi- tional struggle by women has led to success in recent years. nology if we want to engender a debate between so many The rapists are now being brought to justice at an interna- different women from all parts of the world. We are already tional level, both in international tribunals and now also at aware that we will only be able to achieve something if we the ICC. The criminal nature of rape and also the criminal manage to understand each other in the best sense of the liability of military superiors were established in convictions word.

11 4. Introduction Malin Bode

Conference format a host of problems will come up. We are also hoping to build up an extremely comprehensive and differentiated picture. First things first. We would like to encourage you to be ex- This may lead us to many individual ideas, desires and de- tremely biased and to focus on the perspective of women mands that we need to direct to the existing proceedings in on legal and justice proceedings in cases of sexual violence order to allow women to feel better represented in these in war and crisis areas and sharpen it. We don’t have to situations. defer to any kind of authority at this conference, neither those in the workplace nor in the government or society – In stage 3, on Wednesday, we would like to take things a everything that is discussed here is between ourselves. little further and spend time focussing on the women pres- ent here who will report on conflict resolution methods that What role do the affected women play in all these pro- women in different areas and parts of the world have de- ceedings/cases? Can they influence the course of these veloped themselves in the past. We will watch 3 films re- proceedings? Are their experiences used as the basis for lating to this and we are pleased to welcome women from formulating rules or codes of procedure? Is society inter- the respective projects that are presented in these films. ested at a local, regional, national or international level in They will explain the initiatives presented in film format the life/survival of women violated in this way? Which ex- from a personal perspective and share details of their own periences endured by affected women as witnesses in experiences. The films show the women’s tribunal against these various proceedings should be reported? What kind military enslavement (of Asian women) by Japan during the of positive societal reaction do women demand for them- Second World War, the Umoja Uaso Women’s Group and selves, what recompense should there be in order that their women’s village in Kenya, and the collective justice these women can see a future for themselves and their chil- initiative for women in Gujerat, India. dren? What do women need in order to develop their own views with regard to these questions? This will give us an opportunity to discover alternative op- tions for conflict resolution. Perhaps this will be a better These are only some of the questions that we think might way to elicit the questions we want to put to the known and be important to you in terms of discussion. existing systems “in search of justice.” Primarily of course, we will encounter options that could offer us an alternative Therefore, in order to coordinate the discussion in spite of for achieving greater justice for women. the division into four working groups you will be given pre- prepared questions to facilitate discussion in the working We think it is important that we not only obtain knowledge groups. However, these only serve to support and promote of the systems that we discover are the best for us from a discussion, not to restrict it. woman’s perspective, but also that we can turn our atten- tion to our own ideas independently from what we find. We would like to begin the conference today (Monday) by taking stock of where we are at the moment. We would like With this in mind we hope that in the last stage on Wednes- initially to establish what has already been achieved and day afternoon and Thursday morning, everything that we also what has been positive for us. I would like at this point have learned will be collated and that the improvements to emphasise once again that we consider all participants we want to see in terms of the situation of women affected to be experts in equal measure, experts in their own par- will become apparent. Perhaps we might also put together ticular field. The experiences and knowledge they have some demands. gained there will provide us all with a comprehensive pic- ture of the current position of women at the various levels In any case, we shall aim to ensure that by the end of our of dealing with the issue of sexual violence against women discussions we have moved one step closer towards iden- in war and crisis areas. tifying the important issues for assessing legal systems and proceedings from a female perspective and thus a few In stage 2, i.e. tomorrow/Tuesday, we would like to make a steps closer towards obtaining justice for women. critical comparison of these findings with the many previ- ous experiences from a female perspective. We think that I hope we will enjoy our time together!

12 5. Introduction Bonnie Keller

5. Introduction Bonnie Keller

Progress in the Women’s and women, including sexualised violence, in Bosnia-Herzegov- Feminist Movements ina. Since 1993, there has been extensive research on this topic and documentation of specific cases, for example by Since I am one of the older women at this Workshop, I am Amnesty International, Human Rights Watch, and an in- privileged to give a short historical perspective. There is a creasing number of groups, networks and coalitions of great diversity among participants here. However, wher- women activists. ever we come from we share a common history. This is one reason why we have re-named our plenary room the Umoja The increase in awareness of the extent of sexualised vio- (kiSwahili for unity) room to signify our commonality and lence in war and conflict, and of the trauma suffered by our united concern to ensure women’s rights generally and thousands of individual women, is a fantastic accomplish- the rights of women who have experienced sexualised vio- ment of the activism of individuals, groups and networks of lence in war and crisis situations specifically. women. This awareness of serious human rights violations against women has also led to concrete actions. To men- My own history of involvement in the women’s movement tion only a few, the first ever United Nations Security Coun- began as a researcher in a small town in southern Zambia. cil Resolution (1325) on Women, Peace and Security dates In 1975 my friends and neighbours were summoned to a from the year 2000. In order to strengthen this resolution, meeting for women, where a female minister of government the UN Security Council passed Resolution 1820 in June addressed us. She reported on the International Year of 2008 which demands “an immediate and complete halt to Women in Mexico City where Zambia informed the world acts of sexual violence against civilians in war zones.” The that “in Zambia women don’t have any problems.” At that struggle to eliminate sexualised violence in war also be- time, more than three decades ago, I was practically alone came anchored in international criminal law through the researching Zambian urban women’s economic and do- creation and work of the Tribunals for the former Yugoslavia mestic problems. I had almost no Zambian colleagues, and and Rwanda and the International Criminal Court. The the existing women’s organisations were mostly church- topic began to be included in truth and reconciliation com- based, with a conservative position on gender roles. missions and in reparation programmes. At local level in post-conflict countries (e.g. Liberia), or in countries where Between 1976 and 1985, the first Women’s Decade, conflict continues (e.g. the Democratic Republic of Congo), women’s activism soared at local levels and became visible there are now local projects and programmes offering multi- internationally. In particular women from the global South faceted support to women and girl survivors. formed movements and identified themselves as feminists. Finally, I had like-minded colleagues in Zambia. The For- We recognise of course that behind all of these actions and ward Looking Strategies from the Third International Con- structures, which represent “progress,” there are a multi- ference on Women in Nairobi, 1985, did not mention gen- tude of problems, many of which we will be discussing at der-based or sexualised violence however. By 1995 this this Workshop. Structures and rules may have been es- had changed. The Platform for Action from the Fourth tablished, but putting them into practice is another matter. Women’s Conference in Beijing included two areas of con- Often we have the feeling of having gone one step forward, cern, Violence against Women and Women and Armed Con- only to take two steps back. Those who work in this area flict, reflecting the visibility that these issues had achieved. become tired and burnt out, if not traumatised. There may have been progress, but the pace is slow and the number Thus, there was genuine progress between 1975 and of victims increases. 1995, including an “explosion” of women’s NGOs and local women’s groups which contributed to the recognition that However, we need to remember our past, shared history – political, economic and social systems accorded women when we worked together to make gender inequality in all lesser value than men, that specific gender problems could its forms visible and when we fought to put sexualised vio- be identified and addressed and that positive changes lence onto local, national and international agendas. Now could be achieved. is the time for us to find out where we stand: how much progress has been made in each of the various levels and In the past fifteen years sexualised violence in war and arenas where sexualised violence is an issue. The main post-conflict areas has finally become an important issue topics of this Workshop are therefore to spell out what we for feminist movements and for communities, from local to have accomplished, where we are now, what the key prob- international. The 1993 World Conference on Human lems are, how we go forward and especially what women Rights in Vienna included a hearing on the situation of themselves want when they seek justice.

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6. Reports from the working groups

6.1 Working group 1: Traditional law In many countries, women and girls who have survived rapes are stigmatised, called prostitutes and ostracised; Participants came from the following countries: they have to leave their families and villages. The concrete Afghanistan, Germany, India, Kenya, East-Timor and the US. situation often depends on the age and marital status of the raped woman. There are only a few countries where sanc- tions are imposed on the perpetrator while the length of sen- Traditional legal systems are male domains tence ranges from corporal punishment via banishment from society to killing. In some regions of West Africa, rapists According to the participants of this working group, tradi- are excluded from their village communities. However, per- tional legal systems are often the only systems that are ac- petrators have much higher chances of being reintegrated cessible for women during and after armed conflicts. Na- into society than women who have survived rapes. If there tional legal institutions are often out of reach; in many are trials at traditional courts at all, it happens quite often places wars have destroyed the infrastructure. Even before that women and girls – by referring to gender stereotypes– the respective wars broke out, women living in rural areas are treated with hostility, revictimised and traumatised. This did not have access to their national judicial systems due to does additional harm to their reputation. Often it is not the absence of roads and transport systems. Apart from about achieving justice for women or making perpetrators that, legal foundations were hostile to women; trials and criminally liable but protecting a system interpreted as being judgments reflected the sexist attitude of many judges. Es- “traditional”. pecially women in remote rural areas are only able to call upon traditional legal institutions. “In terms of traditional law I see a problem in our coun- try as there is the risk that survivors are retraumatised The working group unanimously came to the conclusion that in traditional proceedings. Because those who head these institutions and their jurisdiction are extremely patri- the trials have their own interests. I think it is impor- archal. These are places where men have the sole author- tant to apply existing laws because those laws punish ity to make decisions. Occasionally, they can even choose sexualised violence.” whether traditional, religious or national legal mechanisms (participant from the D.R. Congo) should apply. Women have almost no say in traditional legal systems. They are considered unable to enforce their rights and must ask their spouses, fathers or brothers to repre- sent them. What does “traditional” mean?

Furthermore, participants of this working group pointed out Some participants in this working group mentioned that the that traditional law is mostly applied during times of peace word “traditional” was misleading since legal practices that and is hostile to women even then. Most traditional conflict are called “traditional” are coined by colonialism in many resolution mechanisms do not focus on women as individ- countries. Colonial masters and some local authorities, for uals but on the restoration of family and social relations. In instance, determined in numerous African countries what is doing so, women are used as tools to secure the male-dom- considered to be traditional law until today. However, some inated peace regime. legal practices were created during this process only. So traditional law is by no means static but subject to power re- The working group agreed that this principle could be found lations and variable. After the end of colonialism, retradi- almost everywhere despite individual local differences. One tionalisation processes occurred in various places as a con- example of that is “badal” in Afghanistan: in the case of a sequence of deep-rooted social and political changes. In bloody deed, the family of the victim is offered a young girl other words, new legal practices are marketed as traditional of the family of the perpetrator as a means of “compensa- by local authorities. Such an approach involves the risk of tion”. This is to atone for the crime and avoid bloody re- instrumentalising traditional law for power interests; how- venge. After a rape, the arising conflict between the fami- ever, it also provides opportunity for change. lies is at best settled by giving cattle as compensation, at worst by forcing the raped women to marry the perpetrator. While some participants perceived non-governmental jus- There are some places where victims are punished by death tice systems as a lever for change, others tended to focus since their sheer existence is considered shameful for their on their risks. families. This happens, for instance, in Iran or Pakistan.

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One has to bear in mind that traditional law in post-war so- With regard to religious legal conceptions that some juris- cieties can only sanction civilians but not soldiers. Raping soldiers dictions are based on, some women made the point that who are members of regular armies can be sentenced by a their content and interpretations of women’s rights are by military tribunal only; soldiers of UN peacekeeping troops by no means clear but rather ambivalent or even contradic- national courts in their countries of origin only. tory. Therefore, it is important to work towards changing the attitudes of religious authorities. Some participants emphasised the problem of an intensi- fied, anti-women retraditionalisation in post-war societies. In terms of local women’s courts, there was a discussion They claim that in the light of individual and social uncer- on whether it is sufficient for those courts to be accepted tainties such a development elevates customs to “eternal by local society, or whether women should also be recog- values” that had never existed before or had long become nised by the national justice system. meaningless. An example of that would be some Sudanese refugee groups in Darfur that were displaced by government troops or militias and struggled hard to survive in refugee “More than five years ago the conflict in Liberia ended; camps. This is where women practice circumcision of fe- however, 90 % or even 95 % of the country still do not male genital organs again by referring to longstanding tra- have a functioning judicial system. What can we do for ditions although they had not done that anymore for cen- women in this context so that they get access to jus- turies. Most participants considered the term “re-tradition- tice? Based on these considerations I decided to attend alised conflict resolution mechanisms” as appropriate for the working group on traditional legal systems. I believe such practices. At the end of the day, these are rules set by that we can make major interventions and implement human beings that are subject to political change processes change. Yet, how can we proceed without erecting a and social turmoil during wars. They can be changed by so- parallel system?” cial decisions. (Participant from the US)

Furthermore, the power of some representatives of “tradi- tional” systems is by no means based on the consent of local communities but merely on violence, as the example When reflecting upon those highly complex issues, some of Afghan warlords clearly shows. Jurisdiction should never participants pointed out that traditional jurisdictions that be left to arbitrary authorities only because they demand are being changed with the support of women’s groups are it, one participant said. Subsequently, others posed the instruments that might bring justice to women and girls. basic question of what traditional legal institutions legiti- This might possibly be the case with governmental or in- macy is based on and what persons or social groups within ternational legal systems because the latter are often non- a society give them authority. existent or unreachable.

Despite numerous hurdles, women’s groups in some coun- Women courts – chance or alternative? tries managed to give a new, positive and pro-women slant on traditional conflict resolution mechanisms. Conse- One participant suggested that women should no longer quently, activists who have committed themselves to fos- accept the sole claim to power of male authorities. She tering the human rights of women and girls at national and asked for women to make men accountable and demand international level should not simply circumvent them. It power and participation in traditional legal institutions. Ac- would be desirable for them instead to also commit them- cording to her, a successful example would be traditional selves to changing them and not only to working on the im- arbitration courts in the Indian state of Gujarat that local provement of national and international law. activists turned into women arbitration courts. They are even recognised by official family courts, she says. There- One participant highlighted that it is important to consider fore, women should not rush into rejecting traditional mech- transformations of traditional systems not only with regard anisms in their search for local sanction options. to female peacemakers but also as citizen’s commitment. It is about comprehensibly co-shaping relations in post-war There were differing attitudes towards so-called legal plu- societies. In this context, some working group participants ralism, i.e. the situation in countries where two or more emphasised that men should not only be seen in a negative legal systems coexist in parallel. It is a debatable point to light. They asked for a distinction to be made between per- what extent women can use such a situation for their own petrators on the one hand and men who are interested in purposes. While some participants perceived legal plural- change on the other. Those men who are interested in ism as a chance, others argued that women would be change are important players when it comes to the refor- squashed by the systems. mation of traditional anti-women legal institutions.

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The working group formulated recommendations in terms integral parts of all planning efforts and programmes. of what leverage women have to improve their living situa-
Women and girls who have survived violence need to be tions. The overall target was to put into practice justice con- supported in becoming their own advocates. Survivor cepts of those surviving violence. groups that overcome their isolation and stigmatisation through cooperation may contribute to achieving that. They may encourage each other to raise their voice and The following steps may pave the way to achieving that: thus exert influence on traditional and national legal sy- stems.
Opportunities for women’s codetermination and influ-
Local transformation approaches of traditional law need ence need to be strengthened in all justice processes. In to be documented. The specific approach and concrete other words, women and girls need to be perceived as ac- experiences of the actors involved need to be communi- tors and need to get involved in decision-making proces- cated at different levels. It is in particular women’s grass- ses, not only as token women. roots groups that need to be networked cross-border and
The attitudes of judges, politicians, local political and re- exchange their views and experiences. This requires fun- ligious authorities need to be changed fundamentally. Co- ding which has so far failed to materialise. determination, participation and involvement of women’s
National and international legal experts should consider groups in civil society need to be strengthened in order for local transformation approaches. them to act as pressure groups for women-survivors vis- à-vis courts and other judicial instances.
Comprehensive support systems for survivors of sexuali- sed violence need to be established so that their needs 6.2 Working group 2: National law are taken into consideration. This includes the de-stig- matisation of women who were raped, comprehensive so- Participants in this working group came from Bosnia and cial discussions as well as outlawing any kind of violence Herzegovina, the Democratic Republic of the Congo, Ger- against women. many, Haiti, India, Liberia, Rwanda and Uganda.

This working group mainly focused on legal systems in cur- These demands are milestones on the way to achieving rent post-war societies. the goal of informing women about their fundamental rights. The legal situation in the individual countries
Most people in war and crisis regions do not even know the traditional conflict resolution rules, not to mention In numerous countries, rape is considered a crime against their national legislation. In many places, it might be hel- the family, a specific group or the state, but not a crime pful to use national legal reforms, e.g. new laws against against the raped women. Sexism, contempt of women, sexualised violence, to inform women about their rights possessive masculinity concepts, gender hierarchies and at a local level. In Liberia, for instance, an attempt was social power relations are not considered to be root causes made to change the local traditional system by referring to for rapes, but rather distorted images like the allegedly the new law against sexualised violence. For such trans- provocative sexual behaviour, the clothes or the self-as- lation efforts, it is important to impart basic legal know- sertive conduct of a woman. Consequently, women who how specifically to women living in rural areas. Compre- were raped are blamed and held liable for the crime. hensive knowledge of one’s own rights may strengthen the negotiation power of women. In order for that to hap- This victimisation and stigmatisation gives reason for their pen, it is important that women’s organisations develop silence about the experienced violence. In contrast to state methodological instruments to make international and na- jurisdiction it is only women’s groups and parts of civil so- tional legislation comprehensible for women living in rural ciety in many countries that perceive rape as an attack areas and to sensibly use it in the context of local legal in- against the physical and personal integrity of women. stances. Having said that, there is a need for a cross-bor- der exchange that should also include grassroots groups. Against this backdrop, existing state justice systems do not
Much stronger than in the past, guidelines and measu- satisfy the requirements of women and girls, said the work- res to achieve gender equality need to be integrated into ing group participants, despite the fact that women have all peace negotiations, reintegration and reconstruction fought for corresponding legal reforms for years in their programmes, irrespective of whether it is about the re- countries and have made progress in certain parts. Thanks construction of roads, schools, wells, etc. Gender equality to their efforts, many countries have seen new violence pre- and overcoming gender-specific violence should become vention or penal laws adopted in the past few years that,

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at least in some cases, come from comprehensive rape that women only rarely know the militiamen or soldiers. concepts and impose drastic sanctions for the commitment of rape. In Liberia, rape may be sentenced with life-long imprison- ment due to a law initiated by Liberian president Ellen John- son-Sirleaf. However, criminal prosecution takes place at Problems with the criminal prosecution of rapes best in cities; female lawyers do not practice in rural areas, only simple legal interns. Apart from that, costs for being Numerous problems aggravate the enforcement of existing legally represented which women factually need in the case laws: state courts are often inaccessible for geographical of rapes in order to guarantee criminal prosecution is un- reasons and the justice system has not yet been restored affordable. There is an association of female lawyers that in many places. In many current crisis countries, courts had has successfully dealt with individual cases in the past. also only existed in metropolises before the war and had worked rather slowly and unreliably. In many countries, the In rural Afghanistan, judges, if they exist at all, render sen- mostly male police officers, judges and prosecutors are in- tences not according to national but to traditional law or competent or corrupt. They release rapists for cash or do Sharia. In India, it is solely prosecutors who represent raped not launch investigations, in particular, if defendants are women since there is no such thing as incidental action ac- powerful and influential men. cording to Anglo-Saxon law. As a consequence, women hardly have a say in trials. Also, the legal language constitutes a big hurdle for women. Often they do not speak a country’s official language but In Haiti, rapists are liable to imprisonment of up to ten merely a local vernacular, especially if they did not get a de- years; however, this happens in practice only if the raped cent school education in their childhood. For them, legal woman is a member of the rich and influential upper class. terminology is incomprehensible and alienating. On top of Poor women hardly have a chance to a fair trial where the that, they are unable to use the word “rape” because of perpetrator is punished; in turn, they are forced not to tes- powerful sexual taboos. tify as witnesses.

What complicates matters is the fact that many vernacu- In Rwanda, a new law stipulates that rape should be pun- lars do not have a term for those violent acts. In Uganda, for ished with imprisonment of up to 25 years. Rwanda, by the example, women paraphrase the situation by using ex- way, has a constitution which is based on the principle of pressions such as “This man made me a woman”. If inves- gender equality. With regard to the legal position of women tigators and prosecutors fail to understand this symbolism, this means great progress. The Gacaca courts that were es- then criminal prosecution is doomed to failure even as early tablished after the genocide are not responsible for dealing as the preliminary proceedings, and at the latest in court. with rapes that were committed during the genocide in In Haiti, a judge asked a witness whether she was raped 1994. Apart from the International Criminal Tribunal for (violée) or robbed (volée). When she simply nodded Rwanda, rape cases committed during the genocide are ashamed, the judge declared the defendant not guilty for heard in national courts. Numerous detained genocide per- the commitment of rape. petrators confessed a couple of violent acts in order to be released from prison, yet rapes are only rarely mentioned. Participants reported on the specificities of criminal prose- In the meantime the number of preliminary proceedings at cution in their own countries and social background con- state courts has increased though. straints: As a result of pressure exerted by women’s organisations in In the Democratic Republic of the Congo there was a crim- Bosnia and Herzegovina, there are numerous war rape inal law reform in 2006 according to which rape could be cases heard at the courts that have jurisdiction. In addition punished with imprisonment of up to 20 years. In practice, to the war crimes chamber of the Court of Justice in Sara- however, the situation has not changed much. The next jevo that is proportionally staffed with international judges prosecutor is often hundreds of kilometres away. Until and prosecutors, there are also purely nationally staffed 1996, women and girls were not allowed to testify in court. district courts that render sentences on war crimes. A legal They were not considered independent legal persons and representation for witnesses is also missing here. Witness had to be represented by male family members. That has protection schemes take a different shape. While the war officially changed in the meantime; however, it is culturally crimes chamber is connected to the standard of the Yu- still inacceptable for a woman to appear in court alone. It is goslavia Tribunal in The Hague, the approach and behav- already extremely difficult for a woman to talk about rape iour to female witnesses at district courts is characterized within her own family, i.e. to express herself. With regard to by a lack of respect. the criminal prosecution of war rapes there is the problem In Uganda, rapists even run the risk of capital punishment which

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forces witnesses into a dilemma: many are not interested in the scheme for raped women was passed by parliament after death of the perpetrator but in their own rehabilitation. the movie “Esma’s Secret” (Grbavica by Jasmila Zbanic) had received strong public feedback. The movie tells the Powerful old or new elites quite often deter women from re- story of a woman who was raped during the war and her porting rapes to the police or making them the subject of daughter who was produced by the rape. Women’s groups discussion: in Liberia, for instance, traditional women’s and gathered in front of the cinemas and managed to collect men’s secret societies force raped women in rural areas to approximately 50,000 signatures in favour of the introduc- accept compromises. They are concluded between the fam- tion of this bill within a short period of time. The law stipu- ily of the perpetrator and the victim in order to restore “so- lates that affected women are entitled to a monthly pen- cial order” which is the power basis of local elites. In most sion of 250 Euro. But in practice it is not as easy as it looks. countries rape in marriage is not a punishable act: In On the one hand, this applies to merely one part of the still Liberia, too, (mainly male) MPs initially refused to give their divided country; on the other, there is a lack of information. consent to a bill on punishing rape in marriage. In Haiti, Especially in rural areas, many women do not know how to men threaten to bewitch raped women if they go to court. file an application. And the application procedure for re- ceiving pension payments is highly intransparent and sus- ceptible to power abuse. There is just one NGO affiliated Compensation and damages with the government that women need to refer to. To get a subsequent judgment they are interrogated by a medical Compensation and damages for survivors of sexualised vi- commission whose members have either no or only little olence are, if at all, only receivable in the form of cash. Mon- etary services are insufficient though. In Germany, accord- “If you look at the situation in Congo you will see that ing to one participant, raped women reject restitution pay- the entire infrastructure is destroyed and that women ments since they consider cash payments to remedy their do not have access to any institution. (…). International sufferings undignified and disgraceful. agreements do not help if the situation on the spot is so problematic. For instance, women cannot testify as wit- In the Democratic Republic of the Congo and Afghanistan where nesses since they do not have access to courts. So women until recently were not considered independent there is a gap between things happening at grassroots legal persons, it is not the women who get money which is level and in courts. The question is how women’s or- occasionally paid instead of regular criminal proceedings ganisations may really help women, i.e. how they can according to traditional law, but their male family members. help them access courts.” (Participant, D.R. Congo) In Rwanda, many women were raped during the genocide and were consequently infected with HIV/Aids and/or be- came pregnant. Numerous women and children do not get experience with rape traumas. Many women’s groups have anti-retroviral medication. Weakened mothers are stigma- committed themselves to changing this procedure. tised and can barely care for their children. These, in turn, experience massive discrimination as “kids of the enemies” In India, there is, in fact, a differentiated support system or “kids of malnutrition” and are thus rejected by society for victims of violence or natural disasters. But, firstly, rape and sometimes even abused by their own mothers. Such is not covered and, secondly, the system focuses on hu- cases are not covered by national legislation. manitarian aid and not on legal claims.

A bill on reparations has not yet been passed since inter- national money promised for a relief fund has failed to ma- Support by men terialise. Although Rwanda has the highest percentage of women in Parliament worldwide and many genocide sur- In punishing rapists and socially outlawing sexualised vio- vivors have organised themselves, their situation has not lence, religious authorities may play an important role. In yet improved significantly. Countless women are afraid of Bosnia, the Imam condemned rapes based on a fatwa and reporting rapes to the police. They fear being stigmatised a called upon all families and society to protect and not dis- second time. All the more, it is important to strengthen criminate against women who have survived rapes. women’s organisations as a representation of civil society interests. Despite their commitment the instruction of a bill Participants reported that in Rwanda, Kenya and Liberia, on compensating rape victims failed due to the resistance there are indeed young men who condemn rapes in public. of national decision-makers. They declare their solidarity with the women-survivors and A positive exception to this rule is Bosnia and Herzegovina. intend to change men’s violence-based attitudes. Those In 2006, the globally unique disabled veterans pension men could become allies of women’s organisations.

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Critical conclusions biography of women should generally be forbidden.
Survivors who testify as witnesses in court require effec- If criminal proceedings take place at a state court, if at all, tive protection that does not end with the completion of the dignity and safety of women who have survived rapes proceedings. This also includes a secure future, i.e. ma- are not protected; often they are re-traumatised. Judges terial guarantees as well as health care with a special and lawyers often tend to interrogate women in a voyeuris- focus on HIV-infected women, and the certainty that such tic and sexist way. It is not uncommon for judges to inter- violence will never happen to them again. Children that nalise the myth of women being blamed for a rape. Apart were born after rapes should also get a place in society. from that, the Anglo-Saxon tradition of cross-examination
International criminal law should be implemented at na- is often humiliating for witnesses. Giving testimony via tional level and be translated in national jurisdiction, also video is often not possible for logistical reasons; and if that in rural areas. is a possible option judges have to give their consent first.
Women’s organisations and local activists need to be There are only a few countries where raped women are in- supported comprehensively. Only the empowerment, net- formed about court proceedings before the trial starts, working and organisation of women may make social where they get legal assistance or psychological support. change happen that in turn may sustainably combat vio- Consequently, an endless number of women experience tri- lent acts that women are exposed to at every level. They als as heteronymous, patriarchal, sexist and disgraceful. have committed themselves to empowering survivors and working on legal reforms and their effective implementa- That especially holds true if interrogated about their sexual tion. biography.
However, putting an end to sexualised violence may not be achieved by activists and women’s organisations at All working group participants agreed that in their countries, local and national level alone. It would be desirable to apart from punishing the perpetrator, are also interested in have enhanced global networking of women and the esta- an apology. What is important is the admission of guilt of blishment of a permanent pressure group. The latter the rapist in order to reduce the pain of women. A public could contribute to making sure at a political and social apology may contribute to making women who have been level that governments and the international community raped credible and to ensuring that they are no longer assume responsibility for the criminal prosecution and treated as liars. It is about restoring their dignity and re- outlawing of violence. In the unanimous conclusion of spect in society. participants, women are guarantors of and starting point for those changes; they develop new social structures and take charge of their own lives. They demand that the The main conclusions drawn by participants conduct and attitudes of men change. in a nutshell:

Women need to get involved in all social processes and need to get access to the most significant social institu- 6.3 Working group 3: International Criminal Law tions and bodies; concrete demands of women and wo- men’s organisations vis-à-vis the judiciary should serve This working group was composed of women from Costa as a basis for this. This relates to the implementation of Rica, Germany, the Democratic Republic of the Congo, legal reforms and improvements in accessing courts. For Kenya, Kosovo, Mexico, Nepal, East-Timor, Turkey and the this purpose, it would be possible to establish mobile US. courts in rural areas, for example. Court proceedings as well as the behaviour and attitudes of judges, prosecu- tors and other judicial staff need to be changed. Many International criminal courts – justice for survivors of vio- promote the impunity of perpetrators. The overall target lence? is to overcome sexist attitudes and culturally embedded gender concepts since they victimise women in court. It Female lawyers and women’s organisations have success- is important to have legal information on court procee- fully fought for sexualised violence to be recognised and dings, psychological advice and especially a practical fa- sanctioned as a crime in international law. However, the im- cilitation of factual legal representation before, during plementation of the new basic principles of international and after the trial. law into various international and internationalised courts
Women must be allowed to speak their mother tongues has been poor in many respects. When taking stock, work- in all stages of proceedings and are entitled to get re- ing group participants came to the conclusion that the gap spect for their way of expression. Questions on the sexual between affected women and local activists, on the one

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hand, and international criminal courts, on the other, is very … two steps back large. In the light of on-going violence against women, health implications of war violence as well as economic and Yet, in practice there are numerous obstacles to embed- family-related constraints, this gap seems often insur- ding sexualised war violence in international criminal law mountable. Consequently, new bridges need to be built to and to empowering survivors’ and witnesses’ rights. This is close this gap. mainly a challenge for women. Consequently, sexualised vi- olence remains unconsidered in many indictments, as in the case of the Congolese rebel leader, Thomas Lobanga, One step forward … before the International Criminal Court. While this trial refers to the coercive recruitment of children soldiers, it Working group participants considered the stronger role of leaves sexualised violence against them unconsidered. At victims and witnesses in comparison to war crimes trials at the Yugoslavia Tribunal there were numerous cases of the end of the Second World War a positive development in rapes being left out in the charges to accelerate proceed- international criminal law. Also, in comparison to many na- ings. tional court proceedings or traditional arbitration processes, more attention is attached to the rights and pro- It is often said that rapes are extremely difficult to prove. On tection of victims and witnesses in international criminal top of that, it is maintained that there are only a few women law. A specific department is in charge of witness protection who were ready to testify because of the social stigma. Sex- and support, even though this only applies to the duration ualised violence was not mentioned in the charges made by of their testimony and arrival and departure. There is the the UN-supported Tribunal against the Red Khmer in Cam- possibility to give clandestine testimony, i.e. victims not to bodia although rapes were committed on a broad scale. be identifiable for the general public. So upon request wit- nesses may testify under a pseudonym and behind parti- Above all, representatives of local women’s groups that tion walls; the public may be excluded during their testi- often establish contact between potential witnesses and mony. Testifying via video would also be a general option in international criminal courts reported on their great frus- this respect. trations when getting in touch with the international judi- cial system. They did not only feel the nerve-racking and Particularly important are procedural rules which, in rape often humiliating cross-examinations to be unreasonable cases, prevent the defence from again humiliating affected but also the fact that rapists as defendants had the right to women. The defence is not allowed to ask the witness interrogate the women themselves. Many women perceived about her sexual biography and there is also no need to this as another attack on their integrity. There were reports provide additional evidence to confirm a statement of the about cases where judges, despite a ban, accepted inter- witness. In other words, credibility of witnesses is not called rogations that focused on the sexual – allegedly immoral – in question from the very outset, as in many national pro- biography of witnesses. In one case, a perpetrator threat- ceedings. She is subject to the same review as other wit- ened a woman holding a gun to her head and then raped nesses. Of utmost importance for the empowerment of the her. He had had a sexual relationship with the woman be- rights of a witness and survivors is the possibility to enforce fore. The exclusively male chamber of judges considered one’s own rights through legal representation at the Inter- this as mitigating circumstances and ultimately the perpe- national Criminal Court (ICC) even though this is linked to trator was acquitted. restrictions. The inclusion of victim’s compensation and re- habilitation in court proceedings was mentioned as further NGO activists also complained about the lack of clarifica- progress by participants. The establishment of the victim’s tion given to witnesses on their rights and in particular compensation fund was also positively mentioned. about a lack of preparation for court events. Thus, wit- nesses in cross-examinations were completely unprepared when confronted with different statements they had made in the past and when caught up in contradictions on irrele- vant aspects. Participants also shared examples of insen- sitive preliminary proceedings. And so an investigator of the International Criminal Court in the Democratic Republic of

20 6. Reports from the working groups

tional Criminal Tribunal clearly prescribes corresponding “One point that I consider to be crucial (and) which competences in all areas. Patriarchal prejudices, but also should be a result of the conference is the need for a – people’s own anxieties in dealing with rape victims, thus re- let me call her – liaison officer for local activists at UN main unchanged and ineffective. This also includes the im- level so that every UN action involves the member paired perception of female survivors of sexualised vio- states. Let’s remember one thing: member states rep- lence as victims and not as human beings who have rights resent us, we are the people! That is the first sentence and want to make informed decisions. of the Universal Declaration (of Human Rights). I be- lieve that it is extremely important to have a liaison of- On the other hand, some lawyers pointed out that former ficer for local activists, so that every decision of the UN witnesses also gained positive experiences. Despite all con- or regional mechanisms, for instance the Inter-Ameri- straints, those women had the feeling of having contributed can Court or the African Court, is linked to lobbying. (…) to the clarification and establishment of justice. This would ensure that concerns and priorities of local The limited mandate of courts also needs to be taken into activists are negotiated at every meeting.” consideration. On top of that, judges and prosecutors need (Participant, USA) to strictly comply with the rules that also include the respect of the rights of the defendant. In public or vis-à-vis wit- nesses this is often difficult or not at all communicable and clashes with people’s expectations towards a court. the Congo invited a woman from a remote village to an in- For instance, the detailed preparation of witnesses by the terrogation in the city; he finally sent her back home owing prosecutor is contested as undue influence and has even to prior commitments. This woman had travelled for days been prohibited by the International Criminal Court in a to make testimony and ultimately found herself in a com- more recent judgment. As regards this case many partici- pletely alien city without any money. Participants demanded pants thought that it would be better anyway to have a neu- a culturally sensitive behaviour of court staff that also in- tral body for the preparation of witnesses, e.g. witness pro- cludes knowledge on local expressions. This is a top re- tection divisions of courts or even better own legal repre- quirement especially in the case of sexualised violence and sentations. In this context, one of the participants reported requires sensitive translations since it is often impossible on a group of women in Bosnia that were in the same camp for women to express circumstances of a rape in the official during the war where almost all of them were raped. Later legal wording. on, they appeared in court as a group. They put up de- mands for their testimonies, collected information and de- Another major topic of discussion was the lack of protec- cided on every further step together. Through this joint ap- tion of witnesses before and after their testimony. Some proach they had a strong negotiating position vis-à-vis the NGO representatives put forward various examples of how court and were thus able to exert influence and encourage a witness’ identity became publicly known although she each other. had testified behind closed doors. Another case saw a wit- ness being attacked and raped again by men of her own community upon return to her village since she was con- Justice is more than law sidered a disgraced person. Also, local activists often feel abandoned by international courts although it is they who In this context some participants referred to a specific establish contact between international criminal courts and point: in spite of all difficulties, the readiness of women to potential witnesses or entire communities in regions that testify is often much higher than prosecutors assume. Fur- international investigators would normally never be able to thermore, it is often not the shame that prevents women access. Due to this mediating activity, they are often ex- from testifying. However, there is a lack of knowledge in the posed to threats and even physical attacks, depending on courts to recognize the real hurdles and to develop strate- the political context, by the state. However, if they are then gies to overcome them within the realms of possibility. severely threatened they are on their own. According to one participant referring to post-war situations, The lawyers present agreed with the complaints of the NGO we need to be aware of the fact that there is only a small representatives, some of them voiced even more critical number of women who are able to embark upon the for- points. Up until today there has been no gender parity in mal, legal path. The overwhelming majority of women do courts when it comes to filling a vacancy, in particular at not know how to get justice for what was done to them. higher levels. Furthermore, there is a lack of mandatory ed- Another participant said that a formal legal and gender-neu- ucation and training courses on sexualised and gender-spe- tral approach ignores the socio-economic and cultural con- cific violent crimes, although the Statute of the Interna- text of women’s lives and socialisation. Unless counter-

21 6. Reports from the working groups

measures are taken, the formal legal approach will repro- This, in particular, holds true for the rights of a witness duce discrimination against women. in international criminal courts.
Country-specific and comparative research on the rea- This is also reflected in the extreme imbalance between sons that prevent women from enforcing their rights male and female witnesses at the Yugoslavia and Rwanda would be required. Tribunals. On the one hand, women are questioned less on
Experiences that women have gained with the legal sy- general war crimes than men; on the other hand, poverty stems of the different countries should be evaluated in a and poor educational opportunities of women impede them comparative way. This would make it possible to docu- in enforcing their rights. Women are also socialised not to ment to what extent the social empowerment of women complain. and the strengthening of female self-confidence would contribute to improving access to formal legal systems Current male-based legal systems are not suitable for em- for women. powering women, said a participant, as the dominating
Women in their specific contexts need to develop their alien and often intimidating procedures tend to produce the own criteria in terms of what type of conflict resolution opposite. The problem is, according to all participants, that and justice they favour and opt for. The women’s network women in post-war societies are generally excluded from in the Asian-Pacific region that had organised the wo- reshaping society and from political decision-making men’s tribunal of Tokyo in 2000 could serve as an ex- processes as well as legally coming to terms with the past. ample. In parallel, women survivors tried to enforce their UN Resolution 1325 adopted by the UN Security Council in rights for apology and compensation in national courts. 2000 that stipulates an effective involvement of women in all political processes is being ignored by governments.

6.4 Working group 4: Other conflict resolution Demands to change the international justice system mechanisms

All changes need to be geared towards strengthening This working group was composed of participants from women in their self-empowerment processes. In doing so, Chile, Costa Rica, Germany, Guatemala, Canada, Liberia, specific contexts need to be taken into account. Peru and South Africa.
The entire range of existing international tools, i.e. not only international criminal courts, needs to be utilised; this relates in particular to the protection of activists. Truth and reconciliation commissions are not always an
For the protection of activists, one might apply the com- alternative. plaint mechanisms of the UN Special Rapporteur on Human Rights or the UN Special Rapporteur on Violence This working group on other conflict resolution mechanisms against Women. UN Resolution 1820 should be applied, mainly concentrated on truth and reconciliation commis- too. sions. In many countries, such as South Africa, Liberia,
Local activists require concrete protection networks. They Guatemala, Peru and East-Timor, truth and reconciliation need to be aware of the real risks that they run. commissions were established after the end of an armed
There is a great need for more communication, coopera- conflict. They are no alternatives to criminal proceedings tion and information in order to bridge the gap between even though they are often incorrectly perceived as such. international criminal law, women affected by war vio- They rather have the task of uncovering extreme human lence and local activists. rights violations. According to the participants of this work-
What is important is the institutionalisation of a perma- ing group, all commissions put sexualised violence at the nent monitoring system for court cases as well as the bottom of their agenda, if at all. consistent documentation of court judgments, orders and proceedings.
Court judgements, orders and proceedings need to be Structural problems of truth and reconciliation commissi- translated into a generally comprehensible language so ons that progress made in international criminal law may be used as a practical point of reference for national legal re- Many truth and reconciliation commissions are established forms in post-war countries. too fast after the end of a conflict in order to stabilise post-
A more comprehensive clarification on the possibilities war order or to secure the new political power structure. offered by international legal and human rights instru- Governments and international players as well as the UN ments for women in war and crisis areas is necessary. pursue their own interests and are interested in rapid

22 6. Reports from the working groups

peace or fast amnesties at all cost, often at the expense of ashamed of saying, for instance, that the perpetrator has justice. Under such circumstances, numerous women are robbed them of their dignity and abused them in the worst not willing to talk about their experiences with violence. In possible way. Translators often misinterpret such state- truth and reconciliation commissions, in criminal justice, in ments. Numerous women remain silent out of shame be- other institutions of conflict resolution and in NGOs there cause other traumatising experiences dominate their mem- are differing, hardly reconcilable expectations, interests ories or because they simply wish to suppress them. Here, and justice concepts that clash. To solve this problem it one needs to add the women’s fear of further discrimina- would be necessary to clarify the perspectives and posi- tion and acts of revenge committed by the perpetrators, a tions of women. specific group or their own families. Testifying witnesses are often only used to collect information on atrocities of the Commissions raise expectations that they cannot fulfil due past. Then they are sent back home, without psychological to their internal structures and mechanisms, their staffing, preparation or support, without a chance of therapy and re- time pressure and lack of financial resources. This is fatal habilitation. Many do not get follow-up information either in for witnesses and survivors of violence, in particular if rep- terms of what will happen with their statements. resentatives of institutions categorise them mainly as vic- tims and merely assign them the role of a victim during the hearings. Such an approach humiliates and re-traumatises Guatemala, Chile and South Africa many women, particularly since the formalised hearings and interrogations are run according to specific patterns of In Guatemala, the truth commission has not managed to questions and by no means do justice to them. Apart from contribute to curbing social violence. Perpetrators re- that, members of truth and reconciliation commissions mained unpunished, impunity is still prevalent today. Many often do not consider rapes since they concentrate their in- generals of the long-lasting civil war still hold high-ranking vestigations mainly on murders, the vanishing of political posts and control the media. The survivors and activists are activists and torture. They do not perceive rapes as being vi- coerced into remaining silent; violence is passed on to fu- olent crimes during wars and conflicts. ture generations. Compensation payments were only made to unarmed persons, i.e. not to combatants in guerrilla groups. Former guerrilla members, however, should get a “The two key factors for women were: Create trust in chance to maintain their identity, to say that they were both those who accompany witnesses, and time. Yes, that victims and combatants. Sometimes they have to accept you get time, that one or two years are not enough for that their male comrades-in-arms also committed sexual vi- a truth and reconciliation commission. (…) It is impor- olence against other women. tant for the accompanying party to assess the Pros and Cons together with the witness… i.e. what she might In Chile, an institute for human rights controlled by civil so- say and whether she says it. (…) International organi- ciety was founded to give women a say. The human rights sations and NGOs are in a dilemma: the dilemma is organisation Corporación Humanas is represented in Chile that TRCs have guidelines and it is up to the NGOs to and other South American countries where it forges strate- implement them in order to guarantee the support of gic alliances with women’s rights organisations. It cam- survivors. In other words, NGOs need to fulfil the high paigns for a law that stipulates compensation for those and unrealistic promises of TRCs; at the same time they women who were tortured and exposed to sexualised vio- are unable to fulfil the interests of survivors.” lence during the Chilean military dictatorship under (Participant from Germany) Pinochet.

In South Africa, sexualised violence was made only a mar- ginal subject of discussion in the truth and reconciliation Whose truth? commission. The President’s Compensation Fund for vic- tims was inaccessible for many victims. The “President’s As a rule, commissions convene in capitals or major cities Fund” is a synonym for no payments, no responsibility and of a country and are thus inaccessible for the majority of no access. survivors of violence. The hearings take place in a coun- try’s official language which many women do not speak or understand. Indigenas in Latin America, for example, may not articulate themselves in Spanish, especially when it Call for the participation of women comes to putting personal violent experiences into words. Many local languages do not have terms for rape, or women In some countries, compensation payments are fraught paraphrase experienced violence because they are with problems; therefore responsible planners should focus

23 6. Reports from the working groups

on the interests and needs of women. On the one hand, No return to the old situation! they should avoid stigmatisation; on the other, they should not trigger social envy. Against this backdrop, all partici- Many women find the demand for reconciliation and pants agreed that individual compensation payments must restoration of a status quo ante, i.e. the pre-war situation, be linked to concrete improvements of the financial and so- insufficient and undesirable because numerous violent cial living conditions in the women’s environment. Such de- crimes in conflicts are based on extremely patriarchal struc- velopment measures resulting in structural change require tures and concern women who had suffered from various cross-sector social discussions and awareness-raising that forms of suppression and massive disregard of their dignity counteract feelings of unfair treatment. It is important to and rights before a war or conflict. In addition to that, you improve social and political participation of women; only find extreme impoverishment in various places which leads then will they be able to contribute to beneficial develop- to a social brutalisation that lowers the inhibition threshold ment process. One step towards political participation may for crimes like rape. A major imbalance in power between be the review of development budgets and government ex- soldiers of an occupation army and local women is guilty of penditure in post-war times with regard to gender equity. aiding and abetting rapes. Such monitoring processes should take the implementa- In many cases, the key task must go beyond individual heal- tion of women’s and human rights into account. The work- ing or social reconciliation processes and focus on the ing group came to the conclusion that there is still a great change of power relations and structures in a way that need to discuss the field of tension between reparations, in- women and girls can live without the permanent fear of re- dividual compensation and development. peated violence and new attacks.

Working group participants are convinced that truth com- NGOs pursue their own interests missions have to fulfil the following prerequisites in order to become an appropriate means of coming to terms with vi- Non-governmental and women’s organisations must care- olence: fully analyse which demands from women they move cen- tre stage and which they should rather neglect, e.g. con-
Silence needs to be ended so that sexualised violence crete demands for compensation and social justice. NGO will not repeat. Consequently, there is a need for a policy members should reflect in a self-critical way what interests that clearly names and recognises these crimes. they have to make sure that they do not instrumentalise or
Women should be given the right to testify in their mother victimise the women they actually mean to support. The tongue. Commission members must speak the women’s strict guidelines that mental health care consultancy languages and develop a linguistic sensitivity for the groups need to obey, since they get international funds, are statements made by women. It would make sense to in- not perceived as real help by some women. Some women clude representatives of marginalised groups, e.g. indi- decide to found informal solidarity groups instead. As ex- genous people, into commissions and investigation amples from Bosnia and Guatemala prove, these reflect teams. their own ideas and concerns and are governed by their
Before women who were raped give testimony they own regulations to the exclusion of the public. This shows should get the chance to carefully discuss the pros and how limited external help is and how pragmatic and con- cons of a statement with their companions. structive a response you find in some places. Hierarchies
Women need to be able to decide whether they want to between members of NGOs and local women should also testify publicly or whether the public should be excluded. be reflected in the case of economically oriented pro- There should be no interrogations conducted by men, and grammes. It is important not to force women into the vic- a protected environment needs to be created. What this tim’s corner but strengthen their status as farmers, for in- should look like in concrete terms needs to be decided stance, or their own economic negotiating power. This pro- on an individual basis. vides a level playing field for both local women and NGO representatives. Justice concepts of women need to be at the centre of dis- cussion; they should encompass the general recognition of Quite a few activists move between the areas of coming to the fact that crimes were really committed, the punishment terms with sexualised violent crimes committed during a of perpetrators, the compensation of survivors as well as war or conflict, current violence and prevention of violence guarantees that violent acts will not repeat. Especially the – in particular, with regard to intergenerational aspects. avoidance of renewed violence is considered a prerequisite Many find it difficult to define a focal point: while current for healing and has a future-oriented intergenerational di- violence would require more capacities, there are past mension: mothers want to spare their daughters the same crimes that need to be punished. destiny.

24 6. Reports from the working groups

For some countries that have already had truth and recon- There needs to be a clear distinction between reparations, ciliation commissions, it would make sense to implement compensation and general development aid. Governments, women’s tribunals modeled on the Tokyo Tribunal: they may for instance, must not abuse road construction as a sub- contribute to restoring women’s dignity and initiating social stitute for targeted reparation programmes. Structures are discussions on sexualised violence. needed which actively involve women in all decision-making and design processes of truth commissions, in reconcilia- Survivors’ fundamental needs must be guaranteed: among tion matters and debates on reparations, compensation other things, they want to have a roof over their heads, measures, development and democratisation. health care, care for their children, protection from violence, infrastructure improvements, information and counselling, For survivors, it is decisive to leave the status as victim be- sheltered places, and justice. hind and regain the status as citizen. Women that were Reparations and compensation funds must be integrated raped will only be able to develop from victims to survivors into national budgets. They need to be controlled and mon- and ultimately to victors, if they are no longer caught in the itored to make sure that they are not misused by corrupt violent circle. However, this requires time and comprehen- governments. sive support. They should be able at every level to decide whether and what political alliances they want to forge.

25 7. Alternative forms of justice

7. Alternative forms of justice

Many participants considered day four of the workshop as the high point as alternative forms of justice were centre “There are three things that I would like to say... Firstly: stage. Three films documented initiatives in Japan, India we stressed that the law that was applied at the Tokyo and Kenya in a meaningful way. Women who had developed Tribunal in 1945 could also have been applied to the these justice initiatives on an international, national or local Comfort Women and if it had been applied, it would level and were significantly involved in them talked about have confirmed the guilt of the perpetrators. Secondly, the films and answered questions. the prosecutors found evidence in the Japanese archives, for example, written correspondence from the War Secretary in Tokyo to one of the officers in occu- pied China. This correspondence stated: ‘We need 7.1 International Women’s Tribunal in Tokyo, about 500 Comfort Women because we are sending 2000 troops close to the Russian border. We have no Comfort Women’. There were indications of what the signs at ‘Breaking the History of Silence’, was the title of the docu- the facilities where the Comfort Women were held mentary about this symbolic women’s tribunal, which took should look like. It was so ‘normal’ and even more sur- place in Tokyo at the end of 2000. Around 200,000 Asian prising was the fact that supposedly no one knew about women were forced into ‘comfort stations’ between 1937 it apart from the signwriter. Thirdly, there are various and 1945 to act as sex slaves and prostitutes for Japanese sources in international law that can be cited...This soldiers. Many were abducted as young girls and raped over judgement (of the Tokyo Women’s Tribunal) has legal the course of several years in front-line brothels. No men- value. It can be cited by NGOs and can be cited in other tion was made of these crimes at the allied forces military cases. Therefore we should not consider it as a nice, tribunal in 1946 and they have gone unpunished to date neat judgement, but really make use of it.“ because the victorious powers in the Second World War (Patricia Sellers) sacrificed women for their strategic interests in the forth- coming Cold War. The plaintiffs came from North and South Korea, China, Taiwan, East Timor, Indonesia, the Nether- against humanity and a breach of The Hague Land Warfare lands, Malaysia, and the Philippines. 78 elderly survivors Convention of 1907, the Convention against Trade in from various Asian countries came to Tokyo thanks to Women of 1921, the Anti-Slavery Convention of 1926 and women’s rights organisation initiatives and told the tribu- the UN Convention against Forced Labour. nal how they were beaten, humiliated and raped several times a day. Even after such a long time the memories of The current Japanese government is the legal successor to the torment and humiliation were painfully visible. The tri- the government at the time and owes the women an apol- bunal was symbolic, but it was organised in the same way ogy and compensation. The survivors cheered, beamed, as an ordinary tribunal with internationally recognised cried and embraced each other. In the subsequent discus- judges and prosecutors and it adhered strictly to the provi- sion, many of the workshop participants wished the sur- sions of international humanitarian law that was applica- vivors in their countries of origin could be given similar be- ble at the time. Nine high ranking Japanese politicians and lated satisfaction. soldiers, including Emperor Hirohito, stood accused. The Japanese government, the Emperor and the army have re- Four workshop participants took part in the tribunal: the fused to make any confession of guilt to the present day former gender expert for the prosecution at the Former Yu- and accept absolutely no responsibility. Nevertheless, sym- goslavia Tribunal, Patricia Sellers, was the chief prosecu- bolic acts can create an element of justice even after such tor; US lawyer, Rhonda Copelon, acted in an advisory ca- a long time. They can rehabilitate the victims by publicly pacity; South Korean professor of sociology, Chinsung recognising and denouncing the wrong that has been done Chung, was co-organiser and women’s rights activist, Rosa to them. The historic moment when the presiding judge and Maria do Rosario de Sousa from East Timor, campaigned former president of the International Tribunal of the Former for the witnesses and acted as their escort. She and other Yugoslavia, Gabrielle Kirk McDonald, passed her ‘guilty’ ver- women’s rights activists from countries in Asia and the Pa- dict is captured in the film. cific region had been demanding since the beginning of the 1990s that the surviving Comfort Women should be Emperor Hirohito as Commander-in-Chief of the army since granted justice. Their activities included solidarity confer- 1937 knew about the acts of violence in the troop broth- ences, networking meetings, legal lobbying, and targeted els. In legal terms this should be considered a crime cooperation with international organisations.

26 7. Alternative forms of justice

The cooperation with former UN Special Rapporteur on vi- 7.2 The Umoja Uaso Women’s Village and Umoja olence against women, Radhika Coomaraswamy, was ex- Uaso Women’s Group in Kenya tremely important for the UN report published in 1996 on the rape and humiliation of the Comfort Women. Important Rebecca Lolosoli, a woman from the Samburu etnic groups work was also done by VAWW-NET Japan (Violence Against in Kenya, founded the Umoja Uaso Women’s Village com- Women in War-Network Japan), because it invited the per- prising around 50 houses in the Samburu National Park in petrators to give evidence at the tribunal. In addition, tar- 1991. It was portrayed in a film of the same name. Women, geted searches of Japanese archives uncovered numerous who had been abused, and their children were accepted documents that provided clear evidence of the planned use into the village. 35 of a total of 42 Umoja women were of Comfort Women as part of military strategies. raped by British soldiers whilst searching for firewood. They were subsequently beaten by their husbands and chased Highly respected lawyers from four continents agreed to act out of their homes. The rapists, who were stationed on a as judges, three of the four were women. Patricia Sellers nearby British army training base, have never been con- said that this was the most non-sexist environment that she victed. Kenya was a British colony until 1963. In a detailed had ever worked in. Another participant, Vahida Nainar, investigative report dated July 2003, amnesty international added that a public hearing, which she had been involved put the number of rape cases involving the British armed in organising, took place after the Women’s Tribunal in forces in Kenya at 650, half of which were gang rapes. Tokyo at which women from current war zones and crisis areas talked about their experiences of violence. Rhonda According to Amnesty International many of the women and Copelon underlined that the conviction of the Tokyo Tribu- young girls – in one documented case even a young boy – nal can also be applied to cases today because it is based suffered serious injuries and traumas. Between 35 and 45 on valid national and international law. women gave birth to children, who were verbally abused because of the light colour of their skin. The Kenyan au- The judgement can be found at www1.jca.apc.org/vaww- thorities made no efforts to prosecute and an internal netjapan/english/womenstribunal2000/Judgement.pdf British military enquiry fizzled out.

According to Chinsung Chung, the organisers of the Tokyo According to Rebecca Lolosoli, there is no mechanism in Tribunal are also trying to elicit an apology from the Japan- the patriarchal Samburu society for doing penance for rape ese government and the army for the elderly victims and in the interests of women. So the Umoja women implement compensation. Both of these could be made a condition of their own practised concepts of justice. They say: ‘If one Japan keeping its seat on the UN Security Council. The US woman has a problem then we all have a problem and we Congress demanded an apology in 2007, and likewise the solve it together.’ They find the only way (to justice) is edu- Dutch, Australian, Canadian and South Korean Parlia- ments. In Korea, the women receive support from several “To the question of what prompted Rebecca Lolosoli to Buddhist organisations, for example, free medical and psy- become a campaigner and set up the women’s village chological care. A refuge was also built. However, the most she said: ‘It wasn’t that easy because the men in our important support for the surviving women was offered by tribe didn’t want me to stand up (in public meetings) a transnational network of campaigners, which persistently and speak. They always shouted at me to sit down say- demanded recognition of the injustice and actually created ing that they didn’t want to hear me speak because the space in the first place for the former Comfort Women women aren’t allowed to speak when they are stand- to be able to speak out without fear of discrimination. This ing up. network did important work preparing for the Tokyo Tribunal So I kept trying it until the day when I stayed standing. and still supports the women in a variety of ways. They told me to sit down, but I carried on speaking while I was standing up and didn’t sit down until I had A hall of remembrance is due to be built in memory of the finished. The women then started to think ‘Let’s go and victims. The initiators are also campaigning for the events see her and see if she can do anything for us’. When to be included in history text books in Japanese schools. they came I organised a meeting and asked them One academic publisher made reference to the fate of the whether we should set up a group so we could help Comfort Women in a 1996/1997 publication, but right wing each other. We began when we were still living in dif- groups in Japan made sure that this reference was re- ferent places. Later we thought that it would be better moved when the text books were reprinted in 2000. if we all came to live together in a village and set up a community together so we would be safer and could help each other.“ (Rebecca Lolosoli, Kenya)

27 7. Alternative forms of justice

cating women so that they can fight for their own rights and or women’s rights organisations in Nairobi, which is over overcome male-dominated mechanisms. 400 kilometres away, is difficult because of the poor trans- port links. Financial self-empowerment and independence can enable women to bring their cases to court. The Umoja Uaso Women’s Village urgently needs interna- tional networking support in order to be able to continue. According to Rebecca Lolosoli women and girls are consid- Campaigners like Rebecca Lolosoli also need practical pro- ered by the patriarchal Samburu as family possessions and tection against assaults by men as well as legal assistance. are circumcised; illegitimate children or the children of un- All the lawsuits against the British rapists have failed and circumcised women are killed. In the Umoja Uaso Women’s the Kenyan government recently signed a new agreement Village, however, women own land and cattle and have allowing the British military base to remain. More informa- money, their children go to school and their daughters are tion available at www.umojawomen.org safe – a quantum leap in Samburu society. The Umoja Women’s Village takes in women from other ethnic groups, teenagers for example who are pregnant and have been abused. The aim is for these young women to go back to 7.3 Collective Initiative for Justice school. The Indian legal system is hopelessly overloaded; over 25 The women make a living from their goats and selling jew- million cases are waiting to be heard. Primarily women af- ellery to tourists. Part of their income is set aside for school- fected by domestic violence and compulsory marriages can ing and put into a type of communal health fund for med- expect no help there. Consequently, in Kalyan Nagart, a ical treatment in the event of illness. In the village’s own ghetto on the edge of the city of Vadodara in the North West school, which also accepts children from other villages, one Indian province of Gujarat, women have joined forces in a teacher educates the children in gender equality. Sons are ‘collective initiative for justice’. The film, ‘Shortcut to Jus- allowed to live in the Umoja Women’s Village as long as they tice’ by film maker and medica mondiale worker, Sybille comply with the rules and treat women and young girls with Fezer, shows the work of this women’s arbitration court. respect. However, when they become young men they have to leave the village. Most of them continue to support their In one case these lay women took the dowry away from a mothers and the village through practical work or keeping man, who had mistreated his wife, going through each item watch over the village at night. and piece of furniture in the house and clarifying who had brought what into the marriage. Then they loaded all the The women felt compelled to put up a high fence to protect woman’s possessions onto a cart and took them away. against wild animals and angry ex-husbands. The film also Sometimes there is just separation, in other cases the man showed that the women’s village is a ‘thorn in the side’ for changes his behaviour. Rehana had been badly treated by many Samburu men because of its modest financial suc- her husband who threatened to kill her in front of their cess. The grown-up son of a woman living in the Umoja young daughter because she had ‘only’ given him three Uaso Women’s Village keeps watch at night. If the women daughters and no sons. At the end of the trial at the arbi- leave the village and go shopping in a neighbouring settle- tration court the perpetrator promised to treat his wife with ment they are often insulted by men or even threatened respect. He gave in because he didn’t want to go through and accused of witchcraft. having his family matters discussed in public.

After the film, several participants talked enthusiastically. Others were rather sceptical, especially as they had the im- pression that the women were withdrawing from their soci- “When a rape case is submitted to the women’s group ety. Rebecca Lolosoli strongly denied this saying that the the group records the woman’s statement (if she is in women did not want to isolate themselves or antagonise agreement with this) and everything that is necessary the men. As Rebecca Lolosoli says in the film sometimes in order to start prosecution proceedings. This involves, men come to the women and offer their support. ‘Then I for example, accompanying her to the police station, say to them that the best support they can give us is to treat recording the first statement, which then forms the their wives fairly and set an example for other men.’ She basis for the case, and accompanying the rape victim set up the village in order to survive because she had been to a medical examination. The women’s group offers expelled herself. Other aims are the recognition of women’s these services prior to the actual legal proceedings.“ rights and a commitment to greater equality. This should (Nimisha Desai, India) make married and family life more harmonious. However, contact with women’s groups in other parts of the country

28 7. Alternative forms of justice

This model has since been copied in other settlements, re- for dialogue conducted in public where the women affected ported project initiator and head of the feminist women’s can say what they want without being discriminated organisation, ‘Olakh’, Nimisha Desai, who was present at against. the workshop. She launched the initiative in the context of the massacre of extremist Hindus by Muslims in 2002. Often they want the re-establishment of respect. The deci- Thousands of people were killed during this pogrom and sions are formally endorsed in accordance with local law sexualised violence was already playing a significant role and have the legal quality of certified agreements. Above during the propagandist incitement to violence. ‘At the all, however, they have a binding effect on a psychological start, however,’ Nimisha Desai reported, ‘it was about con- and social level. All the conflicting parties sign the agree- flict resolution, about living together again in communities. ment, with a fingerprint if necessary, therefore consenting Men and women were involved. But then at some point the to implement it. Compliance with the agreement is checked men stayed away and the women raised different subjects, by regular inspections. in particular sexual and domestic violence.’ The incidence and intensity of domestic violence also increased strongly Having said that, conflict resolution is not in any way just after the conflict. confined to a bit of paper, it often includes creative action. The negotiators protected one woman, who was consis- Nimisha Desai and her co-campaigners are also cam- tently raped by her father-in-law, in a very practical way by paigning with localised communication forums for the im- taking it in turns to stay at the woman’s house overnight. In provement of dialogue between Muslim and Hindu women. cases of serious domestic violence an attempt is also made They are also trying, in spite of the caste differences, to en- to get the neighbours involved in protecting the women. able dialogue with casteless women. Publicity of this kind can have a preventative effect, but ul- timately it does not provide comprehensive protection. The Projects like the ‘Collective Initiative for Justice’ prove that perpetrators are always clearly told that they are being conventional law can be creatively developed in favour of watched and the women’s group also works with the po- women. Conflict resolution is, however, a lengthy process lice. The women’s group is a state registered organisation, often lasting for months on end. The arbitration courts con- which like many other women’s association, has estab- vene on a regular basis in a public place and anyone can lished a good working relationship with the police. It is put forward grievances. They comply with particular rules, never a question of self-administered justice, but is about witnesses are called and records kept. The lay judges re- documenting cases of rape, accompanying women through peatedly subpoena the parties to a conflict or seek them administrative formalities and giving them practical sup- out if one party does not appear. They hear everybody, even port. More and more often, the official family courts refer neighbours and village chiefs, until they reach a ‘verdict’. cases to this arbitration court. By doing this, they create transparent, innovative forums

29 8. Closing statement and summary of recommendations

8. Closing statement and summary of recommendations

The planning group – supported by Vahida Nainar – pro- 8.2 List of demands duced a list during the workshop summarising the recom- mendations that the participants had formulated in the in- Solidarity, well-being and security dividual working groups and plenary discussions. A few
Promotion of the well-being of the survivors of vio- points were added during the final plenary session. lence and female campaigners
Promotion of the healing and restoration of trauma- tised bodies and spirits
Creation of solidarity, support and campaign net- 8.1 Closing statement works for women on all levels
Development of escape or evacuation routes for fe- The participants found that women often find justice sy- male campaigners under threat stems inadequate and/or inaccessible or even unable or
Planning of specific campaigns on the security of fe- unwilling to be fair to the female survivors of rape and other male campaigners forms of sexualised violence. The inaccessibility of esta-
Security must include physical security blished justice systems is an ongoing problem. They are This is completely different from the prevailing mili- often a long way from where the women live, they speak a tary definition of security. The armed forces do- language that is foreign to women, are hostile in their treat- minate the cooperation between civil and armed for- ment of women and take no steps to ensure the security of ces both during and after military interventions. women leaving them insecure and vulnerable. Involvement
The voices of the survivors must be heard in all legal in legal proceedings is often a demoralising experience that proceedings makes the survivors into victims once again.
Destigmatisation of women and young girls who have been raped; women who have been infected with HIV Hence the participants established that, firstly, it is neces- as a result of rape and the children born as a result sary to use, change and/or consolidate existing procee- of rape dings in search of justice and, secondly, that alternative mo-
Support for the campaign by Congolese women dels need to be developed, which are more accessible to against sexual violence in the Democratic Republic women and meet their expectations of justice on a more of the Congo by signing their petition: http://www. sustained basis. At the same time, social awareness of the rdcviolencesexuelle.org/site/en/node/58 problem of rape and other forms of sexualised violence
Consolidate women’s organisations and devise su- must be increased – through political campaigns, educa- stainable mechanisms tion campaigns, consultations at all levels, research and
Creation of a database of various women experts and support for various women’s initiatives. their connection with local women’s groups
Organisation of regular reflection, evaluation and The recommendations for action that were made during the strategy meetings discussions can be roughly divided into three categories.
Tackle the notorious problem of a lack of financial Each campaign or strategy developed must take account and human resources of the fact that it is acting in the global context of an extre-
International recognition and awards for unique in- mist right wing and conservative social policy and a neo-li- novative solutions such as the Umoja Uaso Women’s beral economy, which affects the lives of women. Village in Kenya.

30 8. Closing statement and summary of recommendations

Initiation, influencing and monitoring of legal Recognition, vigilance and awareness developments on all levels
Memories must be kept alive. Reconciliation with the
Promotion of links between international organisati- past is necessary in order to understand the present ons such as the United Nations and local initiatives and comprehend the consequences that the past
Creation of a monitoring system for legal proceedings has on the present. involving sexualised violence in conflict situations
Use of mass media such as films in order to create
Monitoring of legal developments on all levels and social awareness publication of feminist reviews on this subject
Documentation and dissemination of examples of
Cooperation and exchange between local women good practice and success stories and female legal experts in order to institute legal
Every successful initiative needs trust and time proceedings on a national or international level
Appeal to men both as the perpetrators and as the
Exchange and dissemination of positive court rulings agents of change and convictions, including the translation of legisla-
Development of strategies in order to increase the tion, convictions and legal texts into an everyday re- pressure on governments and the UN against multi- levant language national concerns and their exploitation of natural re-
Organisation of working groups on specific issues in sources as a source of violence order to react to crisis situations
Make ethnic and racist discrimination visible as part
Initiation and/or dissemination of alternative models of the context of our work of justice
Attention also to women in industrialised countries, primarily refugees or migrants, who endure violence

31 Appendix

Contact groups – four internationally networked teams

At the end of the conference four international teams or between activists and experts working on an international contact groups were formed. They intend to stay in touch, level. They plan to exchange information on regulations, exchange suggestions and information and provide assis- legislation and judgements in order to close the gap bet- tance quickly in urgent cases. ween international criminal law and the actual living cir- cumstances women find themselves in. This exchange
The first contact group (‘Project Support’) intends to focus should provide qualitative support for work on an inter- on how the skills of local women’s groups can be conso- national level and also critical follow-up and commentary lidated. on the legal practices of the International Criminal Court, for example.
The second contact group (‘Security Team’) would like to improve the security of campaigners under threat. This
The fourth contact group (‘Women’s Justice Initiatives’) includes situation-specific programmes as well as public plans to support justice initiatives such as ‘Umoja’ and relations work relating to the security problems faced by the ‘Collective Initiative for Justice“, raise awareness of women and the general promotion of the welfare of cam- them on an international level and seek out similar in- paigners who are under threat of burn-out. itiatives. The cross-national exchange between such fun- damental initiatives is also important.
The third contact group (‘Bridging the gap between inter- national law and local activists’) intends to build bridges

32 Appendix

Participants

Agnes Bere, Maria Judicial System Monitoring Griese, Karin medica mondiale e.V., Programm, Timor Leste Germany Ameer Rasuli, Humaira medica mondiale Afghanis tan, Hauser, Monika medica mondiale e.V., Afghanistan Germany Anderson, Letitia UNIFEM/UN Action Against Husic, Sabiha Medica Zenica, Bosnia- Sexual Violence in Conflict, Herzegovina Australia/USA Kenny, Erin United Nations Population Birhaheka, Immaculée Promotion et appui aux initia- Fund, USA tives féminines, DR Congo Krug-Rohn, Stefanie Institute for Foreign Relations, Bonase, Noma-Russia Khulumani Support Group, Programme zivik, Germany South Africa Lolosoli, Rebecca Umoja Uaso Women’s Group, Bophat, Keat Khmer Rouge Tribunal, Kenya Witness Protection Unit, Cam- Lusenge, Julienne Solidarité Féminine pour la bodia Paix et le Développement Brunet, Ariane Coalition for Women’s Human intégral, DR Congo Rights in Conflict Mendez, Luz Women’s Fight for Justice, Situations, Canada Guatemala Bruchhaus, Eva-Maria medica mondiale e.V., Mukasarasi, Godelieve Solidarité pour l’Epanouisse- Germany ment des Veuves et des Çalis¸kan, Selmin medica mondiale e.V., orphelins visant le travail et Germany/Turkey l’Auto Promotion, Ruanda Chung, Chinsung Korean Council for Military Muponisi, Chipo Gift medica mondiale Liberia, Zam- Sexual Slavery by Japan, South bia/Liberia Korea Nainar, Vahida lawyer, former Women’s Copelon, Rhonda International Women’s Human Caucus for Gender Justice, Rights Law Clinic, USA India Desai, Nimisha Olakh – A Space for Women, Nawabi, Massoda medica mondiale Afghanis tan, India Afghanistan Do Rosario de Sousa, Ocitti, Agnes Association of Volunteers for Rosa Maria Fokupers, Timor Leste International Service, Dylatahu, Zejnete medica Kosova, Kosova Uganda/Netherlands Ertürk, Yakin UN Special Representative Odio Benito, Elizabeth International Criminal Court, on Violence against Women, Costa Rica/Netherlands Turkey/USA Rees, Madeleine Office of the High Commis- Eugene, Elvire Association femme soleil sioner for Human Rights, d’Haiti, Haiti UK/Switzerland Falcon Mantilla, Julissa Lawyer, Peru Schäfer, Rita free lance Ethnologist Fezer, Sybille medica mondiale e.V., Sellers, Patricia Lawyer, former Ex-Tribunal Germany Yugoslavia, USA/Belgium Fries, Lorena Corporación Humanas, Chile Sharratt, Sarah Psychologist, Costa Rica/ Fulchiron, Amandine Unión Nacional de Mujeres Netherlands Guatemaltecas, Guatelmala Shehu, Lola Veprore medica Kosova, Kosova Gautam, Shoba Institute of Human Rights Studzinsky, Silke Khmer Rouge Tribunal, Communication, Nepal Cambodia/Germany Gonzales Rivas, Gabriela Khmer Rouge Tribunal, Swen, Angeline medica mondiale Liberia, Witness Protection Unit, Liberia Mexico/Cambodia Grau, Bele medica mondiale e.V., Germany

33 Appendix

Organisation und Co-operation

Planning Group: Photographer: Bode, Malin Lawyer, Germany Suhan, Cornelia Photographer, Germany Keller, Bonnie Social Scientist, Lawyer, USA/ Germany Mischkowski, Gabriela medica mondiale e.V., Interpreters: Germany Delgado, Carmen Switzerland Mosbahi, Jessica medica mondiale e.V., Gruber, Veronika Germany Germany Heikamp, Stefanie Germany Kaltwasser, Anne Germany Lourtau, Delphine Canada Facilitation: Tejera González Spain Kiragu, Jane Lawyer, Kenya Von Arps-Aubert, Bettina Germany Klingspor, Christiane Cross-cultural and inter- religious House of collective learning for women, Germany Further staff: Plakwicz, Jolanta Gender consultant, Poland Harder, Annette medica mondiale e.V., Sichtermann, Marie Geld & Rosen, Germany Germany König, Stefanie medica mondiale e.V., Germany Well-being: Kriechel, Beate medica mondiale e.V., Maria Zemp Trauma Expert, Germany Germany Platzmann, Maren medica mondiale e.V., Germany Documentation: Schäfer, Nuria medica mondiale e.V., Hamzhei, Modjgan Trauma therapist, Germany Germany/Iran Scheub, Ute Journalist, Germany

34 Annex Photos

Annex Photos

Tokio Women’s Tribunal Kenia, Umoja Uaso Women’s Village, Kenia

from left to right Rebecca Lolosoli (Kenya) is the founder of the Umoja Uaso Women’s Rhonda Copelon is Professor of International Criminal Law and Director of Group and the Umoja Uaso Women’s Village, Kenya. The village started the International Women’s Human Rights Law Clinic (WHR). She represents as a refuge for women who had been raped by British soldiers stationed these institutions in the Coalition for Women’s Human Rights in Conflict in Kenya between 1980 and 1990; it is now a self-governed home for Situations, she is on the Advisory Council of Women’s Initiative for Gender many women who suffered violence. Justice and committee member of the Centre for Constitutional Rights in New York. Patricia Sellers (USA) was the Legal Advisor for Gender and Prosecutor at India, Women’s Courts the International Tribunals on Rwanda and Former Yugoslavia (ICTY and ICTR). She was Co-Chief Prosecutor in the Tokiyo Womens Tribunal. She Nimisha Desai (India) is a now works as an independent expert on Internal Criminal Law. founding member of the Chinsung Chung (South Korea) is Professor of Sociology at Seoul National Women’s Information and University. Since 1990 she has been working on the military sexual slav- Counseling Centre Olakh. ery of women by the Japanese Army in the Second World War. She is She trains women to work among the veterans of the Korean Council of Military Sexual Slavery by in local tribunals and works Japan. Together with women’s organisations from North Korea, Japan and with the steering committee other Asian countries, she prepared the Women’s Tribunal in Tokiyo. for the Strengthening of Women on the national Planning Commission. She was awarded not only a Ful- bright Research scholar ship but also one from Ashoka. All Photos: Cornelia Suhan All Photos:

35 Annex Photos

Portraits

Vahida Nainar (India) is a law - yer. She founded and leads the Women’s Research and Action Group in Mumbai. As former Managing Director of the Women’s Caucus for Gender Justice, New York she worked towards ensuring the integration of a gender perspective in the planning of the International Criminal Court. She teaches at the International Women’s Hu - Bonnie Keller and Elvire Eugene man Rights Clinic CUNY School Bonnie Keller (American living in Germany), is an Anthropologist and De- of Law, in New York and is an velopment Expert. She is a volunteer at medica mondiale and was a mem- active member of many interna- ber of the planning committee for this conference. She has over 30 years tional women’s organisations. experience working in Africa in different areas covering women and gen- der. Elvire Eugene (Haiti) is a lawyer and co-founder of the Association Femmes Soliel (AFASDA), the Association of Women of the Sun in Haiti. She supports survivors of sexualised violence in court and fights again human rights violations in female prisons.

Gabriela Mischkowski is a Historian. She co-founded medica mondiale in 1993. Since 1999 she works freelance for medica mondiale as Program Advisor for Gender Justice. She was a member of the planning committee for this conference.

Immaculée Birhaheka (D.R. Congo), Sabiha Husic (Bosnia Herzegow- ina) Immaculée Birhaheka is a Development Sociologist and leader of the Or- ganisation “Promotion et appui aux initiatives féminines” Promotion and Support of Womens’ Initiatives (PIAF) in eastern Congo. Sabiha Husic is an Islamic Mualima. She has worked in the women’s ther- apy centre medica Zenica since its founding during the Bosnian war. She was first Theologist and Psychotherapist and since 2007, Executive Di- rector.

Malin Bode is a lawyer, joint publisher and founding editor of the feminist legal journal “Streit” (Disput). In 1991 she initiated a group on Feminist Legal Theory. She was a member of the planning committee for this con-

ference. Cornelia Suhan All Photos:

36 Annex Photos

General Workshop Information/Workshop Dynamic

Plenum Movement – wellbeing

Working groups – indoors Networking

Working groups – in the garden Group picture of outing to the Drachenfels

Conference hall Cornelia Suhan All Photos:

37